Videotape:
Introduction to Workers' Compensation
Approved by the Commission on Health and Safety and Workers' Compensation, March
12, 1998

NARRATION

TYPE
VISUALS

FOOTAGE/SCENES

SOUNDS

1a

Most workers never
think about getting sick or injured at work. But it can happen to anyone.
Injuries can happen on the job. People can get sick from the
things they work with.

Introduction to
Workers' Compensation

End of a crutch
hitting the floor, hand being bandaged, person breathing into an oxygen
mask.

(Music)

1b

For some people,
their injury or illness is caused by a sudden event.

Injury or illness
caused by a sudden event

Social worker:

1c

I was hit by
another car while traveling to see a client.

1d

Store clerk:

Since my store was
robbed, I have been so stressed out. I had to get counseling.

1e

Medical
technician:

I got hepatitis
from a patient while drawing blood.

1f

For other people,
their injury or illness develops from repeated exposures at work.

Injury or illness
caused by repeated exposures

Agricultural worker:

1g

We're out there
when the fields are sprayed. My doctor says the chemicals have affected my
breathing.

1h

Printer:

I wear these now.
After years of listening to this press, I couldn't hear so well anymore.

2a

Each year, over
one million people in California get hurt on the job. The California
workers' compensation system was created to help injured workers recover
and return to their jobs.

Workers outdoors
(slow motion)

(Music)

2b

State law requires
employers to provide workers' compensation benefits. These benefits
include . . . .

Workers'
compensation benefits

(Music)

2c

Medical care to
help you recover from your job injury.

Medical care

Worker receiving
medical care.

(Music)

2d

Temporary
disability payments to help make up for lost wages while you recover.

Temporary
disability payments

Worker on crutches
opening mail.

(Music)

2e

Permanent
disability payments if your doctor says you will never recover completely.

Permanent
disability payments

Worker in a
wheelchair being pushed by nurse (slow motion).

(Music)

2f

Vocational
rehabilitation services if your doctor says you are unable to return to
your old job and your employer doesn't provide other work.

Vocational
rehabilitation

Worker and job
counselor reviewing a job application.

(Music)

2g

Death benefits to
the spouse, children, or other dependents of a worker who dies from a job
injury.

Death benefits

Graveyard

(Music)

2h

It's best to prevent
job injuries wherever possible. But if you do get hurt on the job,
workers' compensation benefits are provided - regardless of who was at
fault. You don't have to be a U.S. citizen to receive these benefits. The
California workers' compensation system covers nearly all private, state,
and local government employees.

Various scenes of
workers at work (some slow motion).

(Music)

3a

There are 4
initial steps for you to take if you get hurt on the job.

Steps
to take:

• Report the injury

• Get emergency treatment if needed

• File claim form

• Get medical care

(full screen, each item appearing when
spoken by narrator)

3b

You must report
your injury to your employer.

(Music)

3c

You should get
emergency treatment if you need it.

(Music)

3d

You must fill out
and file a workers' compensation claim form.

(Music)

3e

You should get
more medical care, if needed, to help you recover from your injury.

(Music)

3f

You'll learn about
these steps though the stories of:

(Music)

3g

a nurse,

Nurse

Nurse (freeze
frame)

3h

a pipefitter,

Pipefitter

Pipefitter (freeze
frame)

3i

and a clerical
worker, played here by actors.

Now, let's look at each of the 4 steps.

Clerical worker

Clerical worker
(freeze frame)

4a

Report your injury
or illness to your employer.

• Report the
injury

Nurse on phone
(slow motion)

(Music)

4b

Nurse monologue:

I strained my back
while lifting a patient. It was really painful.

4c

Nurse lifting
patient from wheelchair strains her back.

(Sounds from the
scene)

4d

Nurse on phone.
Nurse monologue:

I called my
supervisor right away.

4e

Clerical worker
monologue:

My wrist and arm
hurt constantly at work. And when I saw my doctor, she said it was
tendonitis from working at my computer.

4f

Doctor bandages
clerical worker's wrist. Doctor speaks to the worker as she writes a note
to his employer.

Jim, I'm
stabilizing your wrist with a splint. But an injury like this takes time
to heal. You're going to have to do work that does not require typing. If
that's not possible, you're going to have to take time off to heal. All
right?

4g

Clerical worker
monologue:

As soon as I got
to work, I gave my supervisor the note from my doctor.

4h

The clerical
worker hands his supervisor the note from the doctor.

Hi. Excuse me. I
just got back from the doctor and they gave me this note . . . .

4i

Supervisor,
reading note.

Supervisor continues to read.

When did this
happen, Jim? You know I'm counting on your help with this project.

And no, there's no other work here for you
to do. Why didn't you report this to me sooner?

4j

Clerical worker
monologue:

The pain came on
gradually. But I told my boss as soon as my doctor told me that I had
tendonitis and that it was caused by my work.

4k

Jill Okinaka Cruz

State Information & Assistance Officer

Jill Cruz:

You should report
your injury right away. If your injury developed gradually, you should
report it as soon as you learn it was caused by your job. This helps avoid
possible problems with your request for benefits and helps you get the
medical care you need.

5a

If it's a medical
emergency, get emergency treatment.

• Get emergency
treatment if needed

Pipefitter walking
to hospital (slow motion).

(Music)

5b

Pipefitter
monologue:

I was working on a
valve and something leaked out and splashed on me. It really hurt.

To request
workers' compensation benefits, you must file a claim form. This should be
done right away to avoid possible problems with your request for benefits.

• File claim
form

Clerical worker
filing out claim form. Claim form (freeze frame).

(Music)

6b

Your employer must
give you this form within one working day after learning about your
injury.

Clerical worker
receiving claim form from manager.

6c

Read the back of
the claim form for important information about benefits. Fill out the top
half of the claim form, sign it, and give it to your employer. This is
called "filing" the claim form. If you don't understand the
form, get someone to help you. Your employer must fill out the bottom
half, sign it, and give it to a claims administrator to get your claim
started. Your employer must also give you a copy of the completed form.

"Employee
Claim for Workers' Compensation Benefits" form [DWC Form 1] with
portions highlighted as they are presented by the narrator.

(Music)

6d

Nurse gets claim
form and other materials from her supervisor.

(Sounds from the
scene)

6e

Nurse monologue:

I got the form
from my supervisor. She answered all my questions, gave me a pamphlet,
some factsheets describing the workers' comp process.

6f

Clerical worker
asks his supervisor:

Supervisor:

Aren't I
supposed to fill out a form for medical treatment and for payments for my
time off?

I don't know about any form. Right now,
I'm more concerned with trying to meet this deadline with you unable to
type.

6g

Greg Vach
Employer

Greg Vach:

Sometimes first
line supervisors aren't aware of all the procedures.

6h

Clerical worker
asks another manager who gives him the form.

If your supervisor
is unfamiliar with workers' comp, ask other people in management.

7a

Get medical care.
(pause) Your treating doctor plays an important role in helping you
recover and return to work.

• Get medical
care

Hand being
bandaged (slow motion) and doctor with spine model.

(Music)

7b

Your treating
doctor decides what type of medical care you'll get for your injury or
illness.

Pipefitter with
doctor.

7c

Your treating
doctor can help identify the kinds of work you can do safely while
recovering.

Nurse and her
doctor with spine model.

7d

If you are off
work, your treating doctor determines when you can return to work.

Clerical worker
with doctor.

7e

Your treating
doctor writes and sends medical reports to other people in the workers'
compensation system. These reports will affect the benefits you receive.

Clerical worker's
doctor writing.

7f

Judy Doane

Injured Worker Support Group Coordinator

Judy Doane:

Doctors have
expertise in different areas. You should be seen by a doctor who knows how
to treat the type of injury or illness you have. It is also important that
your doctor understand the relationship between your job and your injury.

7g

Dr. Allan
MacKenzie, M.D.
Physician and Surgeon

Allan MacKenzie:

Tell your doctor
about your physical symptoms and other problems. Your doctor should note
these findings in your medical record. You should also describe the job
you do, as well as the equipment and substances you work with. This will
help your doctor determine whether your work caused your medical
condition.

7h

If you want to
choose who will treat you for a job injury,

To
choose the doctor who will treat you:

• Notify employer before you

are injured

• Name your personal

physician in writing

(full screen, each item appearing when
spoken by narrator)

7i

You must notify
your employer before you are injured.

7j

You must name your
personal physician, and you must do this in writing.

7k

This is called
predesignating your personal physician.

Predesignating
your personal physician

7l

If you
predesignated, you may see your personal physician for treatment after
getting hurt on the job. You may switch doctors later, if necessary.

If you
predesignated, you may see your personal physician for treatment.

7m

If you did not
predesignate, your employer can usually choose the doctor who treats you
during the first 30 days after your employer learns about your injury.

If you did not
predesignate, your employer can usually choose the doctor who treats you
during first 30 days.

7n

Should you
predesignate?

7o

Greg Vach
Employer

Greg Vach:

Most doctors don't
deal with workers' compensation procedures and paperwork. That's why
employers select clinics and specially trained doctors who provide good
care and who know how to help injured workers get through the system.

7p

Tom Rankin
Labor Representative

Tom Rankin:

If you
predesignated, you'll be able to choose the doctor who will treat you for
a job injury. For example, you can see the company doctor or choose
another doctor if the company doctor is not the best choice.

8a

To review, there
are 4 steps for you to take if you are injured on the job.

Steps to take

(Music)

8b

Report your injury
or illness to your employer.

• Report the
injury

Nurse (freeze
frame)

(Music)

8c

Get emergency
treatment if needed.

• Get emergency
treatment if

needed

Pipefitter walking
to hospital (freeze frame).

(Music)

8d

Fill out and
submit a claim form.

• File claim
form

Clerical worker
(freeze frame)

(Music)

8e

And get more
medical care to help you recover from your injury.

• Get medical
care

Pipefitter with
doctor (freeze frame)

(Music)

9a

Each workers'
compensation case is different. Some cases are simple.

Nurse at computer.

9b

Nurse monologue:

I only missed
three days of work. And then my supervisor allowed me to work at the
nurse's station while my back got better. I was treated well and got the
medical care I needed.

9c

Some are
complicated.

Clerical worker
and supervisor.

(Sounds from the
scene)

9d

Clerical worker
monologue:

I didn't get paid
for time off and I couldn't get the treatment I needed. All I got were
these letters saying that they hadn't decided whether or not my injury was
covered by workers' comp. And then after three months, they denied my
claim.

9e

Pipefitter
monologue:

I'm not sure I got
all the right amount of payments for the time I missed from my work. I was
afraid I'd get fired if I pressed my case. I've heard about other injured
workers getting laid off.

9f

If you have a
problem or a concern, see whether your employer or the claims
administrator can agree to resolve it.

See employer or
claims administrator

9g

Inga Torok
Claims Administrator

Inga Torok:

If you have a
problem or a question about your claim, check with your employer or claims
administrator first. We can work out problems together.

The State Division
of Workers' Compensation offers information and assistance to injured
workers. Our Information & Assistance staff may be able to help
resolve problems between you and the claims administrator.

9k

RESOURCES

Frank D. Russo
Applicants' Attorney

Frank Russo:

If you experience
delays, if your claim is denied, if you can't return to work, you may need
the help of an attorney. Most attorneys provide a free consultation the
first time you call or meet.

9l

RESOURCES

Marielena Hincapié
Legal Clinic Attorney

Marielena
Hincapié:

Some workers can't
get their employers to accept their completed claim form. Others have
trouble getting their employer to provide medical care for their job
injuries. To get help, see an Information & Assistance officer or an
attorney. If your problem can't be resolved informally, papers can be
filled out and filed with the Workers' Compensation Appeals Board to
resolve the dispute.

9m

RESOURCES

Tom Rankin
Labor Representative

Tom Rankin:

Many workers are
afraid that they will lose their jobs because they file a workers' comp
claim. State law prohibits discrimination of this kind. If you are covered
by a union contract, you may have some additional protections.

9n

You can also get
support from other injured workers.

Get support from
other injured workers

9o

Judy Doane

Injured Worker Support Group Coordinator

Judy Doane:

Injured worker
support groups share information and personal experiences on how to deal
with being injured, how to handle problems with claims, how to get
appropriate medical care, and how to find good lawyers.

9p

Regardless of
whether you have a problem, keep good records. This includes copies of all
papers you receive or fill out and notes of all discussions you have with
the people involved in your claim. You also can request copies of all
medical reports and other documents about your claim.

Keep good records

Pipefitter in
truck, with folder and claim form. Nurse walking down hall, looking at
papers.

10a

Social worker:

Learn your rights.
Find out what you should do if you're injured on the job. And don't be
afraid to ask questions. (Music)

10b

Printer:

If you have
problems with your claim, don't give up. There are different places you
can go to ask questions or get help. (Music)

10c

Store clerk:

Keep a good record
of everything that happens. Write down what people say to you. Keep copies
of every document. (Music)

10d

Medical
technician:

Make sure that
you're able to be treated by a doctor who understands your job and what
caused your injury. (Music)

10e

Agricultural
worker:

If you have
concerns, speak up. What happens in your claim affects your future.
(Music)

11a

This videotape
gives general information about workers' compensation in California. Some
rules, exceptions, and deadlines not covered in this video may
apply to you and affect your case. There are factsheets that provide more
information. For copies of the factsheets, see the Department of
Industrial Relations Web site at